On August 13th, 2020 California law changed with a landmark decision in Bolger v. Amazon, 4th District Court of Appeals, holding Amazon strictly liable for selling a defective product manufactured by a Hong Kong company. Bolger bought a replacement laptop computer battery on Amazon.com, LLC. The seller was “E-Life,” a fictitious name used by Lenoge […]
Product Liability / Defective Products
Defective Insulin Pumps: The Failed Regulation of Medical Devices
The recall of 322,005 life-necessary insulin pumps by Medtronic is an example of lackluster supervision of medical manufacturers by the FDA and a failed system of after-the-fact regulation and proof that the FDA has been captured by the industry it is intended to control. Regulatory capture or “capture theory” was first identified by Professor George […]
Exploding Pressure Cookers
Pressure cookers have become popular kitchen appliances over the past few years, especially electrical counter models. Most of the time, these cookers are safe and designed to cook contents at high temperatures under very high pressure, so there are risks involved when there is a malfunction. When there is a manufacturing defect pressure cookers can […]
Fake N-95 Masks and Price Gouging on Amazon
3M, the maker of N-95 masks, has filed trademark claims against four Amazon sellers for selling 3M branded N-95 masks that are counterfeit. The defendants are KM Brothers Inc., KMJ Trading Inc., Supreme Sunshine, Inc. and Mao Yu. With nationwide shortage of Personal Protection Equipment (PPE) the fake masks, were sold at huge markup to […]
Defective Product Lawsuits Against Internet Sellers
On June 11, 2020, The California Assembly approved Assembly Bill 3262 to hold online markets, like Amazon, to the same legal standard as traditional brick and mortar stores when they sell defective and dangerous products that cause injuries or deaths. For decades my law firm has represented consumers injured by a full range of defective […]